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Plenty of people love the feel of being out on the open road while riding a motorcycle. If you want to experience this thrill for yourself as an operator rather than a passenger, you must have a valid motorcycle license. 

Before you can get a New York motorcycle license, you will need to meet NY motorcycle license requirements, which start with getting a New York motorcycle learner’s permit. Following the rules and regulations is important as you seek a motorcycle permit. You should also learn proper safety to avoid motor vehicle accidents.

In the event of a crash, a Buffalo personal injury lawyer from Mazzu Law can provide you with the compassionate legal advocacy you need to seek compensation for your injuries. We represent victims in motorcycle accidents, car accidents, and Uber accidents. 

In this informative blog post, we detail how to get a motorcycle license in NY, allowing you to take the proper legal path to motorcycle riding in the state. 

The Process Of Obtaining a Valid Motorcycle License in New York

As the old saying goes, you need to learn how to crawl before you can walk, and getting your motorcycle learner permit is essentially the crawling step you must take before you get your New York motorcycle license. When you prepare to take the steps discussed below, you will need to have proof of driver age, proof of identification, and proof that you are a New York state resident. 

If you are applying for a motorcycle learner permit and another class of learner permit such as Class D, which is an operator license for a car, you should apply for the Class D learner permit first. Once you have obtained that learner permit, you can then apply for the motorcycle permit.  

The Type of Driver’s License Needed

As a New York state resident, New York requires you to have a valid license class to operate a motorcycle. This means you must have either a Class M or Class MJ driver’s license or a Class MJ permit. You must get the Class MJ permit before you can be issued a motorcycle license, which requires following several steps, which are discussed below. 

Step-by-Step Guide for a New York Motorcycle License

If you want a NY motorcycle license, you must take the following steps to obtain this type of driver license. Even if you have a valid New York state driver license, you must get the proper license to operate a motorcycle by taking the following steps:

Prepare for the Motorcycle Learner Permit Test

Your first step will be to get ready for the motorcycle learner permit test. There are study materials you can find through the New York DMV that can help you prepare for the written test you will need to take. These written tests are available in a variety of languages, so if English is not your first language, you can take it in your native language. 

You will need to have all documents required to prove you are a New York state resident. Additionally, the New York DMV recommends that you get a REAL ID as per federal requirements. 

Take the Motorcycle Permit Test

Next, you can fill out your application online or you may do so at the DMV office. Even if you decide to take the motorcycle permit test at the DMV office, you can start the application online to make the process smoother. 

At the DMV office, you will need to bring your identification and payment. You will also need to take the written test and pass it with at least 14 out of 20 questions answered correctly. These must include a minimum of two out of four questions that are about road signs. A passing score will result in the issuance of a temporary motorcycle license permit. Your official New York motorcycle permit will arrive by mail in roughly two weeks. 

Get Ready for the Motorcycle Road Test

Once you have your motorcycle permit, you will be allowed to practice driving a motorcycle. This will help you prepare for the official motorcycle road test. However, you need to have a supervising driver who is a valid motorcycle license holder who is age 21 or older. They do not need to be from New York state, though they must be within 1/4 mile of you at all times.

Additionally, you need to abide by the general restrictions imposed for those holding motorcycle permits. Anyone with a Class MJ driver license needs to follow the rules set for drivers under the age of 18. 

Before you schedule the motorcycle road test to get your driver’s license to operate a motorcycle, it is best to have at least 30 hours of practice, though ideally, you should practice even more. This can be done with or without formal instruction, and you should also have at least 10 hours of practice riding a motorcycle in moderate to heavy traffic.

The more practice you have on public streets and highways where there is high volume traffic, the better off you will be at learning the keys to motorcycle safety. Additionally, if you do not have any other type of New York State driver license, you will be required to complete a pre-licensing course or approved course for Driver Education before you will be allowed to schedule a road test.

Schedule and Take the Road Test

After practicing, you can schedule your road test, though if you are under 18, you need to wait a minimum of six months from the date your permit was issued. You should thoroughly check the list of items you will need to schedule with the DMV. 

On the date of your test, make sure that you have all requested materials with you at the DMV office or you will be forced to reschedule. You will need your permit, a licensed and registered vehicle, and certifications from your completed courses, among other vital documents. Additionally, those under 18 must have a motorcycle driver of at least 21 or older with a valid license to operate the test vehicle. 

If you pass the road test, you will be issued a temporary motorcycle license. Without any other class of driver license in New York, you can expect to receive your motorcycle license with your photo in about two weeks in the mail. 

Those with other classes of driver licenses in New York will need to wait at least one week following the road test to apply for their motorcycle license at the DMV. This will require completing an application and adding the class to the license. When you get your new license credentials, both classes will be listed as Class DM. 

Tips for Staying Safe on Your Motorcycle

Just because you have studied everything in the motorcycle manual and taken some courses does not mean you should stop driver education about staying safe. Most motorcycle accidents are caused by other drivers, and the less experience you have riding a motorcycle, the more likely you will be to become a statistic. 

As you likely learned while studying for your permit and prior to the road test, all motorcyclists and their passengers must wear a DOT-approved helmet to comply with state laws. It also helps to wear other protective items such as goggles or to choose a helmet that has an eye shield. Clothing that provides extra protection to your limbs is also recommended. Bright colors or reflective materials should be chosen to help you be more visible to other motorists.

If you are involved in an accident while riding your motorcycle, you should know the steps to take to protect your legal rights. Insurance companies often blame motorcyclists even if they did not do anything to cause the crash. Move out of harm’s way, call the police to report the accident, and make sure you have a full medical evaluation.

You should also take photos and videos and speak to any witnesses who saw the accident. Some of these steps are impossible to take when you have sustained serious injuries. That is why contacting a personal injury lawyer is one of the most important steps. Schedule a free initial consultation with Mazzu Law if you have been in a motorcycle accident.

Every driver in New York is responsible for obtaining car insurance coverage. The state mandates that you must have at least the minimum insurance requirements in NY to comply with New York state law. 

Whether you have just moved to the state or just started driving in New York, it is important to understand what is required for basic car insurance coverage in NY to abide by the laws and protect yourself in an accident. 

The Buffalo personal injury lawyers at Mazzu Law are committed to representing injured victims in New York car accidents. In this blog post, we provide information about the minimum limit required for insurance in New York, the dangers of not having enough coverage, and how you can better protect yourself in a motor vehicle accident. 

Overview of Car Insurance in New York

New York car insurance coverage is mandated to mitigate the risk every driver takes when they get on the road. It is not cheap to buy car insurance, and since many people view it as something that is required “just in case,” they only purchase the minimum. 

However, most people do not fully understand what their car insurance policy covers. They may receive the packet from their car insurance company and file it away. Unfortunately, ignorance is not bliss when it comes to your auto insurance policy. You should know exactly what is covered in your car insurance policy to understand what will be covered if you need to file a claim.

Additionally, you should make sure you do not lapse on payments for your New York car insurance while you own a car. The New York Department of Motor Vehicles (DMV) has a system, called the Insurance Information and Enforcement System (IIES), which is an electronic database that detects uninsured vehicles.

Insurance companies are required to report renewals, cancellations, and new car insurance policies. These are tracked in the system for all registered vehicles. If you fail to maintain liability insurance coverage for your vehicle, your driver’s license and vehicle registration will be suspended, and you will likely incur hefty fines as a result. 

Breakdown of New York Car Insurance Minimums

Those who own motor vehicles in New York must make sure that they have the minimum coverage to meet the requirements of the state. These include no-fault or personal injury protection (PIP), bodily injury liability, property damage liability, and uninsured motorist coverage. 

The specifics of what the state requires for insurance policies are as follows:

Bodily Injury Liability Coverage

Bodily injury liability coverage is mandated to be at least $25,000 per person, $50,000 per accident, $50,000 for bodily injury that does not result in death, or $100,000 for any injuries resulting in death sustained by two or more persons in one accident.

Bodily injury coverage protects you and anyone who you grant permission to drive your vehicle in an accident where a claim is made against you by the other driver. This is known as a third-party claim and alleges that you were at fault or negligent. Bodily injury coverage will pay for the injured party in these events and the insurance company will provide legal defense. 

Property Damage Liability Insurance

In addition to having bodily injury as part of your liability insurance, you will also need to have property damage liability coverage. The amount that you must have for property damage to satisfy the minimum is $10,000. Liability coverage for bodily injury and property damage is often lumped together and noted as “25/50/10.”

What if someone injures you in an auto accident or causes property damage to your vehicle? You may be able to file a claim against their car insurance policy, though you must prove they were at fault and that you sustained a serious injury that meets the definition of this metric by New York car insurance law. 

Personal Injury Protection (PIP)

Personal injury protection (PIP) is also known as no-fault insurance. With no fault benefits, personal injury protection allows for quick resolution to insurance claims as it pays promptly, no matter who is at fault. 

Personal injury protection is designed to compensate you for economic losses such as medical expenses, including rehabilitation expenses, lost wages, and other out-of-pocket expenses related to injuries sustained for up to $50,000 per person. This basic no-fault coverage is for the driver and all passengers injured in the vehicle. It can also cover injured pedestrians if you have a pedestrian accident in your vehicle. Personal injury protection or no fault insurance is designed to help you get back to good health as quickly as possible, which is why it provides no-fault benefits. 

However, if you suffer a serious injury, then you may need to file a car accident lawsuit to recover the losses for your extensive medical bills, lost wages, and non-economic damages such as pain and suffering. 

Uninsured Motorist Coverage

In New York, auto insurance coverage is mandatory, though some drivers break the rules by driving uninsured. To protect yourself, the state of New York requires you to have a minimum limit of $25,000 per person and $50,000 per accident of uninsured motorist coverage (UM). 

If you are in a car crash and are hurt but the driver flees or is driving an uninsured vehicle, uninsured motorist coverage will cover your injuries. It is important to note that this coverage is only for when an uninsured vehicle or a hit-and-run driver causes you bodily injury and does not cover property damage. 

Supplemental Spousal Liability Insurance

While it is not mandatory, supplemental spousal liability is now required to be applied to all liability insurance coverage policies that are opened after August 1, 2023. You do not need to keep it, and if you do not have a spouse, you would not need to; however, you must request to decline or remove it from your policy by contacting your insurance company.

Potential Risks for Having Only the Minimum Coverage

One of the biggest issues with having just the minimum insurance is that you leave yourself vulnerable. You may be insuring multiple vehicles and looking for a way to keep costs down. You may even think insurance agents are trying to get you to pay more for your auto insurance coverage beyond what New York requires.

However, the additional costs of increasing your liability coverage in your auto insurance policy to higher limits are small compared to the benefits. For example, if someone tries to sue you for the injuries sustained in a car accident and they are awarded compensation that goes beyond what your auto insurance provides, you would be responsible for that amount. 

How much coverage you need will depend on your unique circumstances. Instead of choosing the cheapest auto insurance that meets the state’s requirements and risk being saddled with a financial burden due to your medical expenses, you should discuss your auto insurance with insurance professionals to find the right coverage for your needs. 

Understanding New York Law and How It Relates to Car Accidents

New York is a no-fault state, which requires drivers to be covered by their own auto insurance in an accident. This is the key difference between a no-fault state and an at-fault state, though the terms can become confusing, especially when trying to understand auto insurance coverage.

No-fault insurance does not mean you are not at fault. It simply means that if you were in an accident caused by you or someone else, your PIP coverage covers the damages. However, if you reach the threshold for serious injury, you are permitted to file a lawsuit. Depending on the circumstances, you will want to hire car accident lawyers or Uber accident lawyers to represent you throughout the legal process. 

An attorney can help you determine if you meet the threshold but the situation must be that you suffer an injury that is deemed serious and you have experienced an economic loss of more than $50,000. Serious injuries are defined as fractures, dismemberments, loss of a fetus, permanent loss of use of a body part or system, any injury that hinders your ability to live normally for a minimum of 90 days, and death. 

Additional Coverage Options to Consider for Greater Car Insurance Protection in New York

In New York, you can purchase expanded coverage for the required types of insurance for a more robust policy, such as adding more to your underinsured motorist coverage. It is highly recommended that you do so and consider other types of coverage that are purely optional.

Here is a look at additional optional insurance coverage that you may want to consider in New York state:

Comprehensive Coverage

Comprehensive coverage is a smart option for anyone living in New York. Under comprehensive coverage, any damage caused to your car for any reason other than a collision will be covered. This includes theft, fire, weather events, vandalism, falling objects, or damage caused by an animal. Comprehensive coverage pays for your transportation expenses for a specified amount of time until your vehicle is replaced. 

Medical Payments Coverage

Medical costs are extremely expensive, and if you want additional reassurance that you will not be stuck with a mountain of bills for your medical treatment, adding medical payments coverage can help. It pays for your medical needs resulting from the accident, for your passengers, and for any funeral expenses in the event of a death, regardless of fault.

Collision Coverage

Collision coverage is another option in New York where your own insurer will pay you, regardless of any fault you may have, for damage to your vehicle caused by a car accident with another vehicle or another object. Without this coverage, you may still recover some or all of the damages by filing a claim with the other party’s insurer, though having this coverage provides greater protection and peace of mind. 

Rental Reimbursement

Rental reimbursement is another additional coverage you may want to consider adding to your insurance in New York. As the name suggests, it covers the cost for a rental car after an accident. 

In New York state, adding this other coverage to your insurance is not required and will not affect your driver’s license, driving record, license plates, or vehicle registration. However, it can make your insurance provide greater protection and reduce your risks in an accident, whether you are at fault or not. 

The Role of an Attorney in Resolving Disputes and Claims with Car Insurance in New York

While you are required to have specific minimum coverage in place for your insurance in New York state, it does not always mean that your insurer will be there for you. Even if you have never been late making your payments, you may find that when you reach out to your insurer after a crash, they may refuse to cooperate with you.

Settlement negotiations with your insurer may be just as much of a challenge as those involving the insurance company representing the driver of the other car. With the way insurance is run in New York, you may need to discuss your accident with an attorney who can help you through the quagmire of confusion that tends to arise in such legal matters.

You will want to talk to a lawyer if you have extensive injuries as you might meet the threshold for what is required to file a lawsuit in the state. Additionally, if you are being blamed for causing the accident, it is in your best interests to obtain legal representation to avoid having your compensation reduced.

Some insurers will offer a low settlement or even deny paying an insurance claim without valid reason. They often employ tactics such as delaying payments to make victims more desperate to accept any amount they offer. 

The role of an attorney in these scenarios may very well be instrumental in the outcome. While no lawyer can ever guarantee what will happen, they can take certain steps to support you throughout your case.

Investigating and Gathering Evidence

Your attorney will start an investigation and gather evidence you may have been unable to get at the accident scene. This evidence may include traffic camera footage, surveillance footage, and witness statements.

Negotiating for a Fair Settlement

Based on the investigations and evidence as well as the laws in the state, your lawyer will negotiate for a fair settlement amount. 

Abide by Time Limits

When you file a lawsuit, you only have a limited amount of time to do so. This is known as the statute of limitations, and for car accidents, you have three years from the date of the crash in New York. Your attorney will know about all deadlines and make sure all the relevant paperwork is filed on time.

Represent You in Court

Most of these cases will settle through negotiations, but if yours does not, your attorney will be ready to go to trial and fight for your compensation. If you are struggling to get the money you deserve after your car accident, contact Mazzu Law to schedule a free initial consultation.

Are you wondering if there are any legal consequences for running a yellow light in NY? Every driver should know New York traffic light laws and the potential penalties for yellow light running in NY. Every traffic control signal is to keep drivers, pedestrians, and cyclists safe on the roads.

When a light turns yellow, it is a warning to slow down and prepare to stop. If the light turns red, you know you could get a traffic ticket for running it. You could also wind up in a car accident with serious injuries and may even be held accountable for causing injuries to another driver. 

Mazzu Law is committed to seeking justice with empathetic legal representation for accident victims in Buffalo, New York. If you were hurt in an accident at an intersection, a personal injury lawyer from our legal team can help advocate for your legal rights. In this informative blog post, we answer the question, “Is it legal to run a yellow light in New York,” and cover everything you need to know. 

Legality of Running a Steady Circular Yellow Signal

Traveling through an intersection during a yellow light is completely legal in New York. The Department of Motor Vehicles and New York law clarify this in Section 1111 of Article 24, stating that a  yellow light on a traffic control signal does not mean “stop.”

What you should do when you see a yellow light is prepare to stop. You can enter the intersection, though you should do so cautiously if it is too late to apply your brakes. It adds a buffer since the yellow light is to alert you that all related green movement will end shortly with the red indication. 

Essentially, New York law traffic rules require you to make a choice. Either go through the yellow light or come to a halt. Understanding what happens when you encounter a red light in New York helps bring this matter full circle. 

What Happens If the Light Turns Red While You are in the Intersection?

Under New York law, it is perfectly legal to drive through an intersection with a yellow light. However, when the light turns red, the law is very clear. 

If the traffic light turns from a green light to a yellow light and you are still traveling through the intersection, you can breathe a sigh of relief. You must already be in the intersection when the light turns red, and you are allowed to cross through it to get out of the way of oncoming vehicles. 

When you enter that intersection after the light has turned red, it is considered a traffic violation. If a police officer sees you run the red light, you will get a ticket. It is deemed negligent behavior to run a red light, and should your running of the red lead to a car accident, you may wind up being blamed for it. 

How to Know If You Ran a Red Light

Was there a yellow light or a red light at the traffic signal? Perhaps you are questioning yourself after moving through the traffic light and hoping you are not in any trouble. You may have gotten to the other side of the intersection without crashing into another vehicle but you may be wondering if there will be any legal implications ahead. 

In New York, it is legal to run a yellow light but it is illegal to run a red light, just as it is in every state. Here is how to know if you have broken the law:

You Have Passed the Crosswalk Lines

The intersection starts at the crosswalk line, so if you pass this area during a yellow light, you are fine. However, if the traffic light has turned red already and you enter the intersection, you could receive a ticket. 

There is generally a stop line at the entry of every intersection and an area for a crosswalk. Sometimes, these stop lines fade after years of wear and tear, making it unclear as to where the pavement marking is located. In other cases, there may be multiple lines, which can be confusing when trying to determine where the intersection actually begins. This can add yet another layer of difficulty when pursuing a personal injury case against a driver who runs a red light in New York. Your attorney should be able to pull relevant evidence, such as traffic control camera footage, to help prove what happened.

Red Light Camera Tickets

Automatic red light cameras on or above the traffic signs are set to activate as soon as vehicles enter the intersection on the red light. If you get a ticket from a red light camera in New York, it can be extremely challenging to argue your way out of it without an attorney.

Penalties for Running a Red Light in New York

It is illegal to run a red light in New York. The penalties for failing to come to a full stop in these scenarios will often result in tickets and points added to your driver’s license. Generally, a police officer will issue a ticket for one of the following reasons:

Failing to Obey a Traffic Control Device

If a New York police officer witnesses you running a red light, they will write a ticket for this violation. You may have points added, be required to pay a fine, and in some cases, be issued jail time. 

It should be noted that a ticket for running a red light that is issued by a police officer is different from one sent by mail from traffic cameras. There may be potential for malfunctions with these signals,so if you do get one, the penalties will be lower than if a law enforcement officer issued the ticket.

Running a Red Light

A ticket for running a red light in New York has stricter penalties. In most cases, those running the light are also going above the speed limit. 

Issues with False Accusations of Running a Red Light When You Were Running a Yellow Light

It is also possible to be issued a ticket by a police officer for running a red light instead of a yellow light. The officer may have been at a different perspective at this intersection and it could have looked as though you had not cleared that line before the light changed. 

When you have a situation in which you want to dispute the right of way at traffic signals, it is always best to remain polite and obtain legal representation. You will gain nothing by arguing with an officer of the law.

It may be worth fighting as there are certain situations where a citation could cost you even more than the fines, jail time, and other punishments. For example, you may have entered the intersection on a yellow light and another driver may have negligently come from the other direction. The officer may issue you a ticket, and the other driver may try to use that as a point to get out of being held liable for your injuries. In moments like these, the reality is that you need a personal injury lawyer to help you gather the evidence needed to present your case in a court of law. 

How Running a Yellow Light Could Result in an Accident

Running a yellow light could cause car accidents and Uber accidents even though it is legal. That is because running yellow lights can cause collisions because drivers tend to speed up at a yellow light to make it through the intersection before the light turns red. When this happens, T-bone accidents, rear-end collisions, and left-turn accidents are the common results. 

Sometimes, a driver may slow down to turn into a gas station at the last minute, and a person behind them trying to run the yellow may smash into them. It is a classic case of speeding to make the yellow light; all drivers need to know the consequences, which includes a greater chance of a car accident. 

Drivers often misgauge the time and distance they have before a light changes to red. When this happens, they wind up driving into oncoming traffic.

Another scenario has to do with short yellow light timing. Yellow lights that are set too short by the city allow for less time to make it through the intersection safely. Drivers may make a sudden stop, or worse, run the red light and put themselves and others in danger. 

If you have recently been in an accident in New York and the color of the light is a point of contention, make sure that you consult an attorney. Whether you were issued a ticket or not, a personal injury lawyer will investigate, gather evidence, negotiate, and advocate for your rights. Contact Mazzu Law to discuss your New York yellow light accident.

If you have just moved to New York and you have your own vehicle, you should make sure to get your car insurance squared away with the insurance company. You will need to update your insurance coverage as out-of-state car insurance rules differ from those in New York.

Car insurance with a different state registration is ill-advised since your car insurance policy may not cover you in the event of car accidents or Uber accidents. When you do not get New York state insurance coverage, it is considered a form of insurance fraud, which can result in criminal charges. 

If your car registration is not in the same state as your vehicle insurance or driver’s license, it is important to get it up to date. Mazzu Law is a personal injury law firm committed to helping injured victims get justice and compensation for their injuries. In this blog post, we address the question, “Can you have car insurance in a different state than your registration?” to keep you informed and in compliance with New York state law. 

Auto Insurance Requirements Across Different States

When it comes to car insurance, you do not need to worry if you drive into another state temporarily, such as for a vacation or even a brief work trip. However, the situation gets more complicated if you spend a lot of time in a different state.

Your driver’s license, car insurance policy, and vehicle registration should all be for the same state that you live in for most of the year. If you have recently relocated to New York, you should speak with an insurance agent from your insurance company to update your insurance coverage. Generally, most car insurance companies will allow you between 30 and 90 days to make these changes. 

Additionally, New York State insurance requirements mandate that you must have New York State insurance coverage issued by a company licensed by the New York State Department of Financial Services and certified by the New York State DMV. Out-of-state insurance is not accepted.

Conversely, if you move from New York to a new state, you should contact your insurance provider as soon as possible to prevent issues with your registration and insurance policy, particularly when it comes to liability coverage. This will ensure that you are covered in the event of an accident.

The Legal Implications of Having Car Insurance in a Different State Than Your Vehicle Registration

Can you have car insurance in a different state than your registration? No, you cannot. If you have auto insurance in one state but not in a new state, then it is illegal to not have insurance in the same state as the one in which your car is registered. You must have your vehicle registered and insured for the state of your permanent residence or you may face legal consequences.

Insurance Fraud

If vehicle registrations for motor vehicles are not registered and insured for the same state, it is a matter of fraud. Your insurance company can cancel your insurance policy, and if you have any pending insurance claims, they can deny them. Additionally, fraud is a criminal act that could be punishable by fines and jail time. 

Driving Without an Insurance Policy

When an insurance company suspects fraud, the insurance provider will cancel the policy, making the insurance card null and void. Driving without insurance can also result in punishments, including driver’s license suspension, jail time, and fines. 

Exceptions That Are Permitted with Auto Insurance in a Different State from Vehicle Registration

Cross-state car insurance policies when you move from one state to a new state are only available in certain scenarios. Here is a look at when your insurance company will likely make an exception for when your vehicle registration and insurance policy are not in the same state.

Multiple State Residency

Sometimes known as the “snowbird exemption,” you may be able to have insurance in your home state and any other states in which you reside. It will vary depending on state regulations, though for many New Yorkers, escaping to warming climates in the winter is a common practice. 

Most states will require that you have your registration and insurance in the one state but there may be requirements from the DMV in your home state. If you have multiple motor vehicles and one is in one state while the other is in a different state, you may need to have the vehicle registration and insurance for each in separate states. You should contact your local DMV and your insurance agent to make sure your vehicles are properly covered in accordance with the laws in the state. 

Temporary Relocation

If you are staying in a different state from your primary residence but only for a short term for work or other reasons, you may not need to update your insurance policy. While you will not need to change your car registration to a temporary status, you may want to buy insurance for an additional policy to have sufficient coverage while you are away.

College Students

If you attend school in a different state, you will likely need to register and insure your vehicle for the state in which you are attending college. If a family member obtained your car registration, you will need to have them get it registered and insured for the state in which you will attend college, or have them transfer ownership. 

College students who have a car registered in New York but are leaving it behind during the semester can reduce their insurance costs. Ask about applying for an “away at school” discount to your insurance premiums for a more affordable insurance policy. 

Military Members

Active members of the military also get exemptions with insurers. If you are a member of the military, you must keep your insurance policy and register your vehicle and your driver’s license in your home state. Even if you live elsewhere, this should apply as the general rule unless there has been a permanent change of station (PCS). It is always best to check with insurers as well as your military branch to ensure proper protocol. 

Steps to Take for Legal Compliance with State Laws for Car Insurance

Making sure your vehicle is properly registered and that you at least have the minimum coverage requirements for insurance is essential. If you were to get into a car accident, your coverage may be voided and you would; be stuck paying for all your expenses out of your pocket. This can be especially upsetting if another person caused the accident.

Before you ever need to make an insurance claim, make sure your insured vehicle meets the requirements set by the laws in the state. To avoid issues in the claims process for bodily injury or property damage, follow these steps:

Check the Requirements

Most people can agree that moving to another state is a huge pain, especially when it comes to insurers and coverage. Before you make your move, you can avoid many hassles by checking with your insurance and the DMV about registering your vehicle. 

Update Your Vehicle Policy Before Time Runs Out

Each insurance company will have its requirements for when you need to update the policy coverage after you move, even if you do not change states. However, when you change states, you must not delay as it can land you in legal trouble with fraud charges.

Generally, insurers will allow 30 to 90 days. You can stay ahead of this by contacting your insurer as soon as you know you will be moving. You do not want to risk getting into a car accident after your move and discover that you are not covered. Both the Driver License Compact (DLC) and the Nonresident Violator Compact (NVC) will see to it that your home state is alerted of this violation. You may have your license suspended until you take care of this issue, and with a ticket on your driving record, you can expect your coverage to become more expensive. 

Learn If You Need to Insure in Each State You Reside

If you insure your car in a state t where it is not primarily driven or where your main residence is located, it may be considered fraud. You may need to live and drive in two separate states and this would require you to have a discussion with an insurance editor who can help you apply these changes.

Change Your Insurance

Remember, in New York, you have to use a provider that offers coverage in the state. You may have an insurer who provides nationwide coverage, which would allow you to stay with them. However, even if you do not need to change companies, you will need to consider the changes to your premium. It may become too expensive for you to stick with the same company.

Since you may need to shop around, it is always a wise move to start this process before you move. You will not be in a crunch to get the coverage you need and you can have full peace of mind that you are covered should an accident occur.

What to Do If You Get into a Car Accident with a Vehicle Registered Elsewhere

Most states require proof of vehicle insurance and registration, and you may be worried about that after a car accident. As the vehicle registrant, you will need to provide proof of your coverage to responding officers. Even if you did not cause the accident, it is required.

Call 911

Your first step should be to call 911 to report the crash and remain at the scene. When officers arrive, they will assess the situation. If you or the other driver are in violation of the requirements, you may receive a citation, hence why you are urged to make sure you are covered when you move.

Get Medical Care

Since your health and well-being are of utmost importance, it is vital that you seek immediate medical care after a crash. You may feel fine, though the adrenaline surge you experience after this accident may inhibit the symptoms of your injuries. Call a family member if necessary and go to the emergency room or nearest urgent care center to get the care you need.

Gather Evidence

If you are capable of taking photos and videos of the accident aftermath, use your phone to capture these images. Witnesses may also be able to record statements and tell you what they saw.

Contact a Car Accident Attorney

Ideally, you have insured your car in accordance with state rules. If there are any issues with the insurance of your vehicle or the driver of the other car has caused you serious injuries, you should not hesitate to speak with a personal injury lawyer. 

New York is a no-fault state, which requires drivers to go through their own insurer regardless of who was at fault for the accident. If you do not have a policy, you may be stuck in a difficult situation. However, when another driver behaves negligently and causes you severe injuries that may have permanent impacts on your life, personal injury law allows you legal recourse to recover compensation for your financial losses.

It can be incredibly complex to do this in many states, including New York. You should not proceed without having a lawyer guide you through this intricate process. 

Additionally, since New York follows a pure comparative negligence model, you may be partially blamed for your injuries. If there are issues with your insurance, this may further complicate things, leading to a lowball settlement offer from the other party’s insurer. In some cases, they may even try to deny your claim on baseless grounds. Protect yourself by contacting Mazzu Law and scheduling a free consultation. 

Since truck drivers spend many hours on the road, federal law and New York truck driving laws require them to obey hours of service regulations to prevent fatigue and truck accidents. Truck driver regulations in NY must be followed as part of safe operations. 

Failing to abide by these rules could subject truckers and trucking companies to being held liable in a personal injury lawsuit for causing truck accidents. Mazzu Law is a personal injury law firm committed to helping victims in New York accidents involving truck drivers who were driving in violation of the service hours.

In this blog post, we discuss the laws set by the federal government and New York State, the dangers of driving fatigued for truckers, and the consequences of these impacts.

The Dangers of a Fatigued Truck Driver

Work hour restrictions for truck drivers are in place to keep driver fatigue from setting in and prevent truck accidents. Fatigued driving is much more likely to cause a tractor-trailer or semi to crash. Here is why:

Impaired Judgment

An overtired driver of any type of vehicle is more likely to cause accidents because their ability to make sound decisions is compromised. They are less capable of obeying the speed, stepping on the gas to make it through to their destination, and they make other reckless decisions that put everyone’s safety in jeopardy. 

Frequent Errors

A truck driver who has not had enough sleep will make more errors than one who is well-rested. They may miss their turn, drift between lanes, or fail to observe traffic signals.

Dozing Off

Driver fatigue may also cause a truck driver to fall asleep behind the wheel. This is dangerous for the driver of any type of vehicle, though when it is a large truck that weighs up to 80,000 pounds or is carrying hazardous materials, the results can be catastrophic.

Delayed Reaction Time

Driving while fatigued has been likened to driving while drunk. When a truck driver is drowsy, they are not as capable of reacting quickly to changes on the road ahead, which can be deadly.

What Are the Hours of Service Regulations a Truck Driver Must Obey?

HOS rules for NY truckers are identical to the hours of service set by the Federal Motor Carrier Safety Administration (FMCSA). These rules apply to qualified drivers of all-sized trucks with a gross vehicle weight rating or gross combination weight rating for the tractor-trailer combined of over 10,000 lbs.

The work hour restrictions a truck driver must follow in New York as well as nationwide include:

• Driving time during hours of service is set at a maximum of 11 hours per day, however, that maximum of driving hours is only permitted after 10 consecutive hours off duty.
• No truck driver is permitted to drive more than 14 hours after going on duty following 10 consecutive hours off duty.
• Weekly limits are imposed for truck drivers in New York and nationwide. They cannot drive more than 60 hours over seven consecutive days or 70 hours on duty over eight consecutive days.
• Breaks of 34 hours or more are required to reset those seven or eight-day limits.
• Drivers using the sleeper berth must spend eight consecutive hours at minimum in this compartment, plus two consecutive hours in the sleeper berth, off duty, or a combination of these two.
• Any driver who operates within 150 miles of their home base and returns there at the end of their shift is permitted a short-haul exception and may work a 14-hour shift.
• Drivers must also use electronic logging devices to track their driving time.

Compliance with these rules is required for drivers and the trucking companies that hire them. Anyone who operates in such a way that violates these regulations will likely face serious consequences. 

Legal Implications for Violating Work Hour Restrictions for Truck Drivers in New York

When a driver violates the rules and it causes an accident that leads to other people being injured, there will be legal consequences ahead for the driver, the trucking company, and any other parties that are determined to be liable for their role in this crash.

Penalties from the FMCSA

For a lack of compliance with the HOS rules and regulations, the FMCSA will impose hefty fines. These fines are typically thousands of dollars, which can be devastating for a smaller company or owner-operator.

Impact on Employment

Compliance with the regulations is expected and is a contingency for employment. When a driver breaks these requirements and it causes a truck accident, they may struggle to find a job with another company. 

Even worse, serious violations that cause accidents may mean that a driver loses their CDL license. They would be forbidden from operating a commercial vehicle again.

Criminal Charges and Civil Liability

When truck accidents leave victims severely injured or cause fatalities, the driver may face criminal charges imposed by the state of New York. Additionally, they could be sued for medical bills, lost wages, pain and suffering, and other losses. A driver who violates the hours of service is considered negligent. 

What to Do If You Are Injured in a Truck Accident

Any driver who is found driving beyond the hours they are allowed to be on duty is a safety hazard to everyone on the road. As more and more trucks fill the roads of New York and the nation to meet consumer demand, every driver is urged to take the proper precautions.

This includes paying attention to every commercial vehicle and knowing where the blind spots are to avoid lurking in a potentially dangerous area. While many of these hard-working people follow the laws and work tirelessly to prevent a wreck, others disregard the rules.

If you are hurt in a New York truck wreck, here are the steps you should take:

Call 911

Do not hesitate to call 911 immediately when you have been in a motor vehicle accident involving a truck. These massive vehicles can cause serious damage, especially if they are transporting hazardous materials.

Get to a Place of Safety

Your safety is paramount, and you may be in grave danger if you stay in your vehicle. If you can get out, you should. The operator on the 911 call should be providing you with detailed instructions on what to do next.

Seek Immediate Medical Attention

In most cases, it will be obvious that you are hurt. However, do not assume that you are free of injury if you are not bleeding. Many serious conditions can arise from a high-impact collision like this, and they may not produce symptoms for hours or even days. It is vital that you complete a full medical evaluation to determine the extent of your injuries.

Gather Evidence

The documentation you present to the insurance agency for your accident is important for showing who is at fault and recovering the full amount of compensation you deserve. If you can, take photos and videos, and obtain contact information from the driver as well as any witnesses.

Contact a Truck Accident Lawyer

The hours a driver is permitted to be on the road while operating a commercial vehicle must be followed. Along with other rules, if someone breaks them and it leads to your auto wreck, you have the right to hold them accountable under personal injury law.

Since the rules are complicated on the federal level and you will have state laws that were violated too, it is wise to discuss what happened with an attorney. Choose one who is familiar with trucking as they will know the applicable laws. 

Additionally, accidents involving trucks have far greater complexities to them. They often involve more than one liable party. While the driver may have behaved negligently, the company that employs them may have given them an ultimatum to break these rules and stay on the road. They may have manipulated the data in the logging device or even broken other laws.

When you hire a Buffalo personal injury lawyer to represent your case, you will have someone to stand up for your legal rights and get you what is fair. These large truck entities have different insurance policies that are larger and will do anything to protect them, which is why they have teams of litigators already on board.

The attorneys at Mazzu Law are here for victims in their time of need. Contact us today to schedule a free consultation and learn more about how you can hold the responsible parties liable for not following proper procedure when it comes to hours on the road or other rules.

New York no-fault insurance was designed to minimize legal issues in a highly populated area with many cars on the road. Auto insurance regulations in NY sought to simplify the process with New York car accident law, however, no-fault insurance often leads to even greater confusion for accident victims.

Not all drivers realize that no-fault insurance means they must go through their own insurance company. Even fewer drivers know that no-fault insurance policies allow you to seek compensation from an at-fault driver in certain circumstances. 

Auto accidents in New York may leave victims with injuries and countless questions on what to do for a no-fault claim. Mazzu Law is a law firm that provides comprehensive Buffalo personal injury services for injured victims. In this blog post, we explain New York no-fault insurance and help you understand your options after a car accident.

Understanding New York Law and No-Fault Insurance

No-fault insurance is a type of insurance coverage that attempts to minimize the finger-pointing and blaming that tends to happen after auto accidents. Many drivers are confused about the meaning of no-fault coverage as they mistake it for meaning that they are not at fault.

Put simply, no-fault coverage means that each driver will go through their own insurance company to recover compensation for medical expenses, lost wages, and other losses.

After a car accident, you will start the claims process with your own insurance company because you have no-fault insurance. However, New York law also uses a pure comparative negligence rule, and this could cause you to be partially blamed for your own serious injury.

When you are blamed in a no-fault state, it reduces the amount of compensation you can receive. Since your medical bills and lost wages are likely already piling up, it is in your best interest to speak with an experienced car accident lawyer to find out more about your legal options.

Minimum Coverage Required by the Insurance Company

Like any other state, New York has specifications for the legal minimum requirement of satisfying your insurance coverage. Here is a look at what all New York drivers must have in place before getting behind the wheel:

Personal Injury Protection (PIP)

Personal injury protection, also known as PIP or no-fault insurance cover, is the type of no-fault insurance you are expected to carry as a driver in this state. 

This no-fault insurance will cover you in an accident, no matter who was at fault, and provide compensation for medical expenses, lost wages, and other expenses related to your injuries. It covers you and your passengers with one exception – you cannot file a no-fault insurance claim if you were driving drunk.

With New York no-fault insurance coverage, you will be covered for accident-related medical bills and rehabilitative costs. Additionally, 80% of lost earnings will also be covered with payments of up to $2,000 per month for up to three years after your motor vehicle accident.

When you make a no-fault claim for your car accident through your own insurance company, you may also receive up to $25 a day for up to a year for your accident-related expenses. No fault benefits additionally include a limit of $50,000 per person for injuries sustained and $2,000 for death benefit if someone in your vehicle dies as a result of serious injury in this car accident.  

Liability Coverage

Liability insurance is also required in New York if the other driver attempts to file a third-party claim. Keep in mind that for this personal injury coverage to be filed for a third-party claim, the other driver’s car accident injuries must be considered a serious injury, extensive personal property damages have occurred, or it has resulted in the death of one of their loved ones. 

The minimum coverage you must have in place is $25,000 per person and $50,000 per car accident for bodily injury along with property damage liability of $10,000. Wrongful death liability must be covered with at least $50,000 per person and $100,000 per accident.

What Is the Difference Between a Fault and No-Fault Insurance State?

In a no-fault state such as New York, it is important to understand the difference between states that follow an at-fault model. How does no-fault insurance work? It is quite simple, as it allows both parties to recover reimbursement for their personal injury claims. 

In at-fault states, the insurance company will typically determine who caused the accident. The driver responsible will be held liable for paying the damages. This is typically covered by their insurer, though the driver may wind up as a defendant in a personal injury lawsuit if their coverage is too low to pay for lost wages, medical appointments, auto body repair, prescription drugs, and other losses.

It is also important to note that whether you are in a no-fault state like New York or one of the other states that follow an at-fault model, a hit-and-run accident will require you to use your own insurance. No-fault benefits will cover you up to the maximum of your coverage, though if you are hit by an uninsured or underinsured driver or the at-fault party flees the accident scene, you may need to dip into your standard health insurance to get the medical treatment you need. 

How Do I File a No-Fault Insurance Claim in New York?

To use your no-fault benefits in New York, you must follow proper procedures for filing personal injury claims so that the insurance company pays you accordingly. You may be denied receiving no-fault benefits if you make any errors in this process, which is why you should consult a personal injury lawyer to protect your legal rights.

This process requires that you submit the no-fault application and file it within 30 days of your accident. It is also necessary to notify the New York State Motor Vehicle Accident Indemnification Corporation. There are very few circumstances where you would be granted an extension on the time limit, making it imperative for victims to quickly file the necessary paperwork. 

You can consult with a car accident lawyer if you were in the hospital and missed deadlines as it may be considered reasonable justification. Ultimately, it is best to take the steps required as soon as possible to avoid complications.

Can You File a Personal Injury Lawsuit in a No-Fault State?

The whole reason no-fault insurance was established was to protect drivers from lawsuits after a car accident. Still, if the driver that caused the accident was in an uninsured vehicle, caused you to incur bills from your medical providers that exceeded the PIP coverage in your insurance policy, or left you with catastrophic injuries, you can seek compensation through a lawsuit.

New York defines the types of serious injuries needed to move from the no-fault to a fault-based system as dismemberment, major disfigurement, loss of a fetus, permanent loss of function such as neurological disorders or blindness, permanent loss of a body part, impairment that makes it impossible for you to perform daily tasks for at least 90 to 180 days following the accident, or death. 

You should fully understand what this entails, which is why it is best to speak with a lawyer first. Taking this step will mean that you will no longer deal with an insurance agent regarding this situation.

What Should I Do After My Accident?

Everything may seem confusing right after you have been in an accident, which is why you should know what you need to do. 

Call the Police

Reporting your accident allows you to get the help you need from law enforcement as well as first responders. It also helps protect your legal rights since a police report will be filed, and if the other driver was issued a citation for their driving, it could help you as a form of evidence.

Get Medical Care

Many drivers are so shaken up after a crash that they do not fully realize they are hurt. If you are not bleeding, you may mistakenly assume that you are fine. It is best to get treated immediately to catch any hidden injuries and create medical records that document your treatments. It will help tremendously when making lost wage claims and can also be linked to your non-economic damages, helping you to get the full worth of your claim.

Gather Evidence

You should try to take photos and videos only if you are physically capable of this task after your accident. Talking to witnesses and getting their contact information can also be helpful. However, your first priority must be taking care of yourself. If you can not get the evidence on the scene, the next step is the most important one you should take to protect your legal rights after an auto accident.

Hire a Lawyer Who Represents Car Accident Victims

Most people do not know the state laws and their rights. Insurers know this and take advantage, allowing them to give you less for your economic and non-economic damages. When you hire an attorney, you have an advocate who can step in and make sure you are being compensated fairly for your injuries and other losses.
You should be focused on getting better and following your doctor’s orders for your recovery. You will find that to be much easier to do when you have someone looking out for your best interests. Contact Mazzu Law, PLLC to get a lawyer on your side.

When you suffer severe injuries in a car accident or other type of accident in New York, you can file a personal injury lawsuit to recover your financial losses caused by the negligent party. In car accident claims, many victims wonder what the personal injury claim average in New York is and what they can expect to receive.

Unfortunately, it is not easy to determine the average personal injury settlement in New York since many factors can impact that amount. You may hope to recover a million dollars, though the amount you receive will depend on your injuries and losses which, in some cases, may only amount to a few thousand dollars.

Mazzu Law is a New York personal injury law firm committed to helping every accident victim get the fair compensation they deserve. You can learn more about our services as well as read about New York personal injury laws on our blog. In this informative article, we focus on New York car accident claims, the factors that can affect the average car accident settlement, and how New York law may limit the average settlement you receive.

Understanding Personal Injury Settlements in New York

When it comes to personal injury trials, you should know that the injured person is responsible for proving that the other party is liable for their injuries. Most of the time, these cases will not see the inside of a courtroom. Rather, they are resolved through a car accident settlement.

Known as damages, the compensation you receive is broken down into economic and non-economic damages.

Economic Damages

In a car accident lawsuit, economic damages are the tangible losses you have endured as the accident victim. These direct financial losses are easy to prove for your car accident settlement. You will typically receive economic damages for lost wages, medical bills related to your medical treatment for bodily injury, property damage, reduced earning capacity, and future medical expenses.

Non-Economic Damages

Non-economic damages are trickier to quantify as they are intangible. It is difficult to prove these types of damages without a New York car accident attorney helping you fight for them. With intangible losses, you may be able to recover pain and suffering damages, emotional distress, loss of enjoyment of life, disfigurement, and permanent disability. 

The insurance company will likely use a multiplier formula as they often do for New York car accident settlements. They will assess the multiplier based on the injury severity and multiply it by the economic damages to determine the full amount for the settlement. 

This is why there is no specific average settlement. The key factors used to determine an average car accident settlement will vary widely between cases, and to ensure fairness, those with car accident claims should speak with a New York personal injury attorney. 

Punitive Damages

As a car accident victim, you may have heard about punitive damages and wonder if they will apply in your case. New York’s legal system rarely applies punitive damages, but in a serious car crash, it may occur. 

Punitive damages are reserved as a way of punishing the at-fault driver or defendant for their excessively reckless or intentional acts. it is not likely that someone with minor injuries would see this awarded in their case. However, if a T-bone accident or a head-on collision caused by a drunk driver resulted in the wrongful death of a loved one, a New York judge or jury may find it justifiable. 

Factors that Influence the Settlements Amount for a Personal Injury Lawsuit

To determine a car accident settlement, the insurance company will need to examine all the factors that make each case unique. Some injury victims may receive more than others based on the evidence presented and the relation to these factors. 

Who Is At Fault?

One thing that comes up in personal injury is fault, and determining it is the key to who should be held liable. In New York, the no-fault insurance law will apply in a car accident, which requires all drivers to go through their own insurance company, even if they are not at fault. 

Even though your own personal injury protection is designed to cover you after a car accident, those who have serious injuries can seek justice under personal injury law. However, with the pure comparative fault rule, there may be a chance that you are partially blamed for your injuries. If this occurs, you can expect that it will reduce the amount of your car accident settlement.

Type and Severity of Injury

Perhaps the most important factor considered for settlements in a car accident, or any personal injury case for that matter, is injury severity and type. More severe injuries will generally result in a higher settlement, especially if the injuries sustained are permanent. 

For example, spinal cord injuries in a car accident are often permanent. If you do not fully recover from them, you may suffer more lost income than anticipated. You may never be able to work in your former capacity again and require a higher settlement to make up for your lost wages.

Additionally, traumatic brain injuries are often serious—though milder forms, like concussions, often see a fairly speedy recovery. In this instance, you may get a lower settlement from the insurance company than someone who has to undergo physical therapy and occupational therapy to relearn basic skills.

These are only a few examples of how the median compensatory damages award could be impacted by the type of injury. In short, someone with a severe neck injury could expect a much higher settlement from the at-fault driver than someone with only minor injuries who will recover quickly.

Medical Expenses

Medical expenses, like lost wages, are part of the damages you can seek after a car accident. A medically determined injury is likely to result in a mountain of medical bills. Depending on the cost of medical treatment, you may have a higher settlement.

The party who was negligent will need to cover medical expenses for the victim. Medical expenses that may be covered include:

• Ambulance rides
• Hospital stays
• Surgeries
• Visits to specialists
• Prescriptions
• Assistive devices

Extent of Insurance Coverage

New York has a no-fault insurance law that requires you to use your own insurance coverage for bodily injury, even if you were not at fault. When your coverage is exhausted and you have serious injuries, you can use the coverage of the at-fault driver. 

To fully understand the average car accident settlement that you may be able to expect in your case, you should speak with a New York personal injury attorney. 

New York Personal Injury Laws That May Affect Your Settlement

Under New York law, certain things could affect your settlement:

New York’s No-Fault Insurance System

New York’s no-fault law can factor into your case in a couple of ways. First, this no-fault insurance system requires an injured party to seek financial recovery through their own insurance carrier. No-fault insurance takes care of property damage, injuries, and lost wages. 

However, when you have serious injuries or catastrophic injuries that go beyond the injury threshold, you can seek compensation from the other party. Generally, this would be defined as death, dismemberment, significant disfigurement, loss of a fetus, or permanent loss of function of a body organ or system. Additionally, New York has a pure comparative fault rule that allows you to seek financial recovery, even if you shared fault in the incident. 

As long as you are not solely to blame, you will be able to fight for compensation. It will not be easy though as insurers will look for ways to minimize your settlement. You may have not been wearing your seatbelt or on a phone call at the time of the crash, and insurance adjusters will be ready to pounce on these facts to lower the amount of your claim.

This is why it is wise to have an attorney represent you for your personal injuries in New York. They will know how to stand up to the insurers to get you what is fair. 

Damage Caps

Many states impose damage caps for pain and suffering on certain types of personal injury cases. Most commonly, it is done for medical malpractice. New York is one of the few states that does not have damage caps in place. They are only restricted by the decision of the jury rather than state law.

Wrongful Death

When the negligent actions or inactions of another person or entity cause the untimely death of a loved one, you have the right to file this type of lawsuit. New York specifies that only certain parties may seek damages including the spouse, children, parents, or the personal representative of the decedent’s estate. 

Compensation could take the form of lost wages or financial support your loved one would have provided over the years had their life not been truncated, the expenses for their medical care before their passing, and funeral and burial expenses. Interstate law in New York requires that all compensation in this type of case be distributed to all eligible parties in proportion to their loss.

The Role of Legal Representation in Getting Fair Payouts for Injury Cases in New York

Lost income, medical costs, and property damage may be easy to prove on your own. However, every injured party should consider discussing the particulars of their personal injury with an attorney.

The emotional distress this event has caused you can add even more stress as you try to recover from your injuries. You may also encounter issues with the insurer of the other party who may argue that you are not at the injury threshold to be permitted to seek damages from their policyholder. 

This is why hiring a lawyer right after your accident is recommended. Their role is instrumental and may be extremely pivotal in helping you recover what you deserve.

Investigation and Gathering Evidence

Your health and well-being should be your biggest concern when you are badly hurt on the scene of an accident, whether in an auto accident or in some other way. Getting medical care immediately is the first step, and this may mean that you were transported by ambulance to the nearest emergency room without taking photos or videos of the scene.

An attorney can help by launching a deep investigation and gathering evidence that you were unable to get at the time. This may include traffic camera footage or surveillance videos from nearby businesses. They can also track down witnesses and get their statements to help support your claim.

Hiring Expert Witnesses

Expert witnesses can be brought in to recreate the accident scene to show fault. They can also testify about the extent of your injuries or how your injuries will impact your future earnings.

Negotiations

Negotiating can be an exhausting experience when you are trying to recover from painful injuries. Insurers hope you will represent yourself so that they can walk all over you. They will find ways to minimize their payouts and convince you that this is as much as you can get. Lawyers know about all of these tricks and are prepared to fight for you.

What to Do After You Have Been Injured by a Negligent Party in New York

Every person should know what to do after they have been in an accident of any kind. These simple steps can help you stay on the right track and serve to maximize your settlement.

Report the Accident

If you were in an auto accident, you should notify the police. Officers will arrive at the scene to complete an accident report and help move your vehicle out of harm’s way. They may issue a citation to the other driver for violation of traffic laws. 

You will need to fill out a report with management for accidents such as a slip and fall at a store or on someone’s property. Make sure you do not leave without a copy of this report.

Get Medical Care

You may be embarrassed about falling or be angry about the property damage done to your vehicle. However, do not overlook your need for medical attention. Not getting the care you need could cause your condition to worsen into something life-threatening. Medical care following the accident creates medical records that show you were hurt on the date of the accident, making it harder for insurers to claim something else caused your injuries.

Get a Free Consultation with a Lawyer

The laws in the state can make things much more complicated. Along with insurers that are trying to protect their bottom line, you should get the legal protection you need. Insurance companies have their own litigators, and when you hire a lawyer to stand up for you, you will have a better chance of getting the settlement you deserve. Contact Mazzu Law today to have someone fight for justice after your accident.

If you need legal services, you will need to find a lawyer to represent your case. You will want to find someone who specializes in that particular area of the law. Most attorneys will offer a free initial consultation to discuss your legal matter and help you determine whether or not you need to take legal action.

Once you have decided that you want to hire this attorney, you will be informed of your payment options. In some scenarios, you may be given the option to pay a retainer fee for legal services. If you are wondering what a retainer agreement is or whether or not you have other choices, this blog post will explain retainer fees in greater detail.

What Is the Purpose of a Retainer Agreement for Legal Services?

The attorneys in every law firm will have various methods of accepting payment for their legal services. A retainer agreement details the scope of work that will be performed using an advance payment. 

By making an upfront payment with the retainer fee agreement, the hourly work lawyers conduct is deducted from the lawyer retainer fee. The money is put into a dedicated retainer account to cover services for a specified amount of time. Through this advance payment, you reserve the lawyer’s time for services to take care of your legal needs.

Types of Retainer Fees

If you are working with an attorney who will be accepting a retainer fee, there are two main types – earned retainer fees and unearned retainer fees.

Earned Retainer Fees

Earned retainer fees are funds that are transferred into the law firm’s operating account once the work on a case has been completed, or earned. 

Unearned Retainer Fees

By contrast, unearned retainer fees are stored in a dedicated trust account before the legal work starts. It cannot be accessed until the work is finished, thus, this type of retainer fee serves as a deposit that is held in the client trust account and transferred to the operating account at the time of completion. 

Other Ways Attorneys Charge for Legal Services

Every lawyer will have their own fee structure. Here is a look at the other types an attorney may offer besides the retainer fee:

Contingency Fees

Contingency fees are most commonly offered in personal injury cases. This structure allows a lawyer to begin working on your case with no upfront charge. You will sign a contract before hiring the attorney that states the percentage of what they will take from your compensation award if they win your case.

With fees on contingency, most attorneys will avoid cases they do not think they have a good chance of winning because they would get nothing. If you choose to work with a lawyer using this structure, make sure you understand that there may be costs associated with using their services, such as attorney’s fees and filing fees, that you may need to pay. 

Flat Fees

Lawyers charge flat fees in situations where they are doing a one-time job. The client makes one single payment for the services provided, which is ideal for smaller tasks such as drafting a will or filing for bankruptcy.

Hourly Rate

If a client’s case is handled using by hourly rate, it can get expensive. However, the American Bar Association has specific rules of conduct for attorneys. Reputable lawyers will give a written estimate of their proposed hours and provide a detailed log. 

In general, lawyers who charge a high hourly rate tend to get the case done more quickly. It will depend on case complexity as to how long an attorney works to complete a case. It is best to set clear expectations and make sure you fully understand the contract before signing.

Retainer Fee

With a retainer fee, particularly for general retainers, you are paying fees for a specific period of time, usually a 6 to 12 month duration. Special retainers are sometimes an option, though most states prohibit this type of retainer. Retainer fees tend to work best in legal matters where you will need future legal services, such as with matters of family law. There will often be a lot of back and forth, especially if there are clashes regarding custody, before an agreement can be reached.

When a client pays advance fees to a law firm through a retainer fee, this upfront payment serves to reserve the attorney’s time. Think of it like a down payment for legal fees and expenses. 

How Does a Retainer Fee Work?

It is not particularly complicated to work with a lawyer using a retainer fee. The fee structure for a lawyer retainer does not need to be a major pain point for either party. 

First, the lawyer spends time with you in a brief consultation to discuss the case. You will both then decide if you would like to create a working relationship. You will then make an upfront payment that serves as the retainer fee, effectively reserving your attorney’s availability, time, and future legal services.

With the lawyer retainer, the attorney will begin working on your case and tracking all the time spent on your case. On the administrative side, this time logged will be deducted from the retainer.

A retainer works by essentially subtracting the lawyer fees as work is conducted from the retainer amount. To better understand how a retainer works, it helps to use an example. If the billing rates for an attorney are $100 per hour and you want to work with them on retainer, they may give you an estimate of 20 hours to handle your legal situation. 

That means the estimated budget would be $2,000 for the retaining fee. However, you should understand what happens when the retainer fee is used up. If the lawyer spends more time than they anticipated on the case, then you will need to add more money to the dedicated account for the retainer fee. 

Conversely, if the lawyer retainer account has money remaining after the lawyer completes their services, they will need to return some of the remaining balance of the retainer amount to the client. 

Benefits of a Retainer Agreement

Both the client and the attorney benefit from a retainer fee in many ways. Retainer fees provide a reassurance to clients that they will be provided with the services they need from their attorney.

The billing process for a retainer fee can further be simplified when it comes to legal scenarios that will require ongoing representation. Subscription models can be implemented to replenish funds in the trust account and continue the working relationship after the initial payment has been made. 

A retainer can also improve the client experience since clients who have already paid will usually be prioritized by attorneys. Ultimately, it benefits both the attorney and client to work with a retainer; however, this may not be the best payment style for the legal situation you are facing. It is ideal to review what your case will entail and make a decision as to whether or not this structure can be helpful for your case.

What Should Be on Your Retainer Agreement?

When you are choosing a lawyer to represent you, always choose the one who can meet your legal needs and is willing to be transparent about the fees. Retainers are customized agreements and you should make sure you fully understand what the contract says before you sign it.

Each retainer will vary depending on the circumstances, but you can expect it to include many of the following points:

Description of What the Client Pays

The compensation you provide to your attorney, or what you will pay for their services, should be described in the agreement. This includes how the fees are calculated, such as a list of the hourly charges that are applied for the services of the attorney who will be working on your case.

How the Funds Will Be Used in the Retainer

The agreement should also specify where the funds will be held and how they will be used. Typically, many attorneys will put this money in a trust until a certain sum of fees are incurred and the retainer will then be used to pay these fees, or deduct them from this account.

List of Additional Costs

Any charges that will be incurred in addition to the retainer fee should be listed on this document. These tend to include court costs, costs of conducting depositions during the discovery process, costs of expert witnesses, and travel expenses.

Billing Terms and Frequency

The majority of attorneys will send out statements or bills on a monthly basis. These statements show the costs incurred for the previous amount and what was deducted from the retainer. It will also show what remains. You may receive a bill for additional costs or to replenish the retainer amount. It is important that everything deducted from your retainer is properly documented on your statement. Attorneys are bound to conduct themselves by the code of the American Bar Association (ABA), which includes having honest and transparent billing practices.  

You will want to get everything you have discussed in writing to ensure it is on your agreement. This way, you can have full peace of mind that your case and all the billing involved with it will go as smoothly as possible. 

How to Pay Retainer Fees

After reviewing the agreement, you can also discuss with your attorney how you can pay these fees. Your attorney may want to handle it a certain way, or you may be given one of several options to make this payment.

In most cases, especially when a case will be fairly cut and dry, you will be asked to make an upfront payment. Essentially, you make one payment of the fees that were discussed before your attorney starts your case.

Another option is to pay in installments if your attorney offers this method. Many people facing these legal issues may not have the full amount to pay an attorney’s retainer fee upfront. Paying in predefined installments allows you to pay a specific amount over a specified period. Some lawyers will break it down into monthly or quarterly payments. This will reduce the burden of acquiring reputable legal counsel for your case. 

Subscription models are a newer option, one that allows for your retainer to be replenished as needed on a subscription basis. This may be the best method for a business or anyone who has a need for frequent legal services. 

Tips for Understanding Your Retainer

As mentioned previously, your attorney is ethically and legally bound to deposit your retainer fee in a special trust. It should not go directly into their business account. The funds should only be transferred to the business account periodically while the case is being worked on, usually once per month. 

You should keep up with the billing as well as check the statement that you get every month. It should feature accounting details that match the work done for you that was billed against the retainer. If you are not getting this statement, ask for it and review it carefully. Most attorneys will be diligent and honest in their reporting. In the event that you find discrepancies, bring them up with your attorney. Any larger issues can be brought to the ABA. 

How to Choose an Attorney for Your Case

When you are facing a legal scenario, it can feel overwhelming. Finding the right attorney to represent you will make all the difference. Here are some tips to help you find the right fit for your legal counsel:

Choose an Attorney Who Specializes in Your Type of Case

If you were hurt in an accident that another person caused by behaving negligently, you will need to find a personal injury lawyer who specializes in representing victims who have been injured in similar types of accidents. For example, if you were seriously injured in a car wreck, you should work with a lawyer who represents car accident victims.

They will understand the applicable laws and be familiar with case precedents that may be helpful in your case. You should avoid any attorneys who do not work in the area of law that you need. A family law attorney would be best for divorces and custody issues, but not for helping you after a truck accident. Just as you would not go to the eye doctor for a stomach issue, make sure you consider attorneys who practice in the area of law that you need.

Consider Experience and Reputation

Flashy billboards and TV ads may make an attorney well-known, but the best measure of their skills is in the experience they have in their practice. Look at attorneys who have been practicing for years and check their track record. It helps to see what previous clients have to say about them.

Get to Know Them During the Consultation

An attorney who is experienced and highly recommended by people you trust may be the right person but it is important to go with your gut. When it comes to matters of the law, they may take some time to resolve. You will need to be prepared to work with this person for several months to a year, or even longer.

Your attorney should make you feel comfortable and heard. You should feel like you can talk to them about anything. A good indication of this trait is how patient they are with your questions. An attorney who takes the time to explain things to you and shows compassion is one who will likely be a great choice.

Availability and Responsiveness

You likely will not be the only client who your lawyer is representing but you should be able to connect with them regularly and be kept informed. The right attorney will be available to take your calls or return them promptly so that you do not feel like you are being left alone. They should also take the initiative to provide you with updates. Even if nothing new has come up in your case, a good attorney will reach out just to let you know.

Should You Use a Retainer Fee?

Whether you use a retainer agreement or not is entirely up to you and your attorney. In some cases, it may be the best way to handle paying your lawyer for their services, but in others, one of the other payment options might be a better fit.

You will have a better idea of what to choose when you learn more about the legal options in your situation. Discover the personal injury services in Buffalo by Mazzu Law, PLLC, and how you can get the representation you need for motor vehicle accidents, slip and fall accidents, catastrophic injuries, and other incidences where another person or entity has caused you harm.

Our attorneys will review your case and help you decide the best way to move forward. We offer a free consultation to help you discover more about the process and explain our billing practices thoroughly. Contact Mazzu Law, PLLC, today to set up your consultation and learn more.

All drivers in New York are responsible for having a proper car insurance policy before getting on the road. Minimum car insurance requirements in NY are designed to protect you in the event of a motor vehicle accident. 

The NY state minimum car insurance coverage is important to understand. Without the right coverage, you could be left vulnerable after a crash. Even worse, you may be held liable for damages if your auto insurance policy is outdated.

Mazzu Law is a personal injury law firm in New York state with legal services devoted to helping victims after a car accident. In this blog post, we delve into auto insurance coverage information to help you understand the minimum limit you need, explore optional coverages you can add to your car insurance policy, and detail the consequences of failing to comply with New York law. 

The Importance of Having Car Insurance Coverage

Car insurance is something that every driver needs for protection in the event of an auto accident. All states have rules and regulations regarding the minimum auto insurance coverage to comply with the law, and New York is no exception.

New York is a no-fault state for insurance. This means that the no-fault insurance you are required to keep current on all vehicles you own will provide no-fault benefits to you in the event of a car accident.

It is important to understand that a no-fault state does not mean that no one is at fault in a crash. Simply put, a no-fault state requires insurance to cover each policyholder. Even if the accident is not your fault, the no-fault benefits from your policy will cover the medical expenses for your injuries, lost wages, and property damage.

If you do not have a car insurance policy, it leaves you vulnerable to legal issues. Additionally, the New York State Department of Motor Vehicles has an electronic database system to detect uninsured vehicles called the Insurance Information and Enforcement System (IIES). Insurance companies are mandated to report to the DMV with renewals, new policy issuance, and cancellations. If you do not maintain liability insurance coverage for your vehicle, you may have your vehicle registration and driver’s license suspended, as well as face hefty fines.

Minimum Coverage Requirements You Need from Your Insurance Company in New York

Make sure you comply by keeping the right insurance coverage up to date with your car insurance company. Here is a look at the minimum auto insurance coverage you are required to maintain in New York state:

• $25,000 bodily injury liability insurance and $50,000 death liability per person
• $50,000 bodily injury liability coverage and $100,000 death liability per auto accident sustained by two or more persons
• $10,000 property damage liability caused by one accident
• $50,000 personal injury protection (PIP)
• $25,000 uninsured motorist coverage per person and $50,000 of uninsured motorist coverage 

At the very least, your auto insurance policy should have these minimum coverages. You should confirm with your insurance agent to ensure you are at the minimum limit. Many drivers opt for adding optional coverage to their insurance policy for more protection, which you can learn about below.

Here is a deeper look at the mandatory types of auto insurance that New York state law requires every driver to have:

Personal Injury Protection (PIP)

Personal injury protection (PIP) coverage or no-fault is a type of insurance that allows for quick payment of your medical expenses, lost wages,  and other losses in a motor vehicle accident. It is called personal injury protection because it protects you in the event of injuries, regardless of fault. 

Since the state follows a no-fault model, it minimizes the need to file a lawsuit. However, if you have a serious injury and have exceeded the limitations of your benefits under the no-fault coverage of your personal injury protection, you can seek economic losses and non-economic losses. Before taking that step, it is recommended that you discuss your situation with a reputable attorney in New York state.

Liability Insurance and Property Damage Liability

Liability coverage provides for damage and injuries sustained by a driver and their passengers. Liability insurance is meant to take care of any damage or injury that you cause. Often noted as 25/50/10, it denotes the $25,000 of bodily injury liability for each person, $50,000 of bodily injury liability coverage per accident, and $10,000 of property damage liability coverage per accident.

Uninsured Motorist Coverage

If people get in a hit and run accident or are involved in crashes with drivers of uninsured vehicles, your car insurance needs to have this bodily injury coverage included. It can also be helpful when an underinsured driver causes you serious bodily injury but does not have enough car insurance to fully cover your medical costs.

Supplemental Spousal Liability Insurance

In recent years, coverage in New York has been upgraded. There is a new law that was passed in 2023 that requires every insurance company to issue supplemental spousal liability (SSL) coverage in all policies. If you do not wish to have this coverage, you must decline it in writing. 

SSL is a type of bodily injury liability coverage. This bodily injury coverage is used in an accident caused by your spouse that causes you bodily injury. 

Why the Minimum of Liability Coverage May Not Be Enough

If you drive in New York, you must have car insurance at the minimum levels required for the types of insurance listed above. However, many drivers buy additional coverage for their insurance policy. How much additional coverage you want to purchase is up to you and will vary based on your lifestyle and specific needs.

While adding more coverage comes at an additional cost, it may be wise to consider adding these options:

Collision Coverage

You willl get extra coverage in addition to your property damage liability for damage to your vehicle or property damage to a stationary object.

Comprehensive Coverage

Comprehensive coverages pay for damages that are not caused by a collision. If a tree falls onto your vehicle or someone steals it, comprehensive insurance coverage allows you to have more protection. It is a great choice if you have a new or high-end vehicle. 

Medical Payments

You can also add more coverage for your medical care that would extend beyond what PIP coverage provides. With this option, you can get your medical bills covered for the medical treatment needed immediately after a crash, such as ambulance transportation, hospital stays, surgery, and expenses related to your medical care.

Gap Coverage

New York drivers are encouraged to purchase gap coverage for their car insurance. This is best for those with new cars who owe more than the vehicle is worth. This addition to your car insurance policy will pay off your loan if your vehicle is totaled or stolen. Collision and comprehensive additions only pay the depreciated value of your vehicle, which is why you may want to consider closing that gap. 

New Vehicle Replacement

If you have just bought a new car, you should consider adding new vehicle replacement to your insurance. This option can give you enough money to purchase a brand new car that is of the same value of your former car if it is totaled or stolen. Some insurers require that your car be no more than two years old while others require it to be no more than one year old. Choosing this optional insurance can prevent you from experiencing huge economic losses when you have a new vehicle.

Roadside Assistance Insurance

If you frequently take longer drives in Upstate New York or travel across state lines, you may want to consider roadside assistance added to your bodily injury package. This way, if your vehicle breaks down or you have any other issues, such as accidentally locking yourself out of your vehicle at a rest stop, you will have peace of mind no matter the circumstance.

Legal Consequences of Not Meeting New York Auto Insurance Minimums

It is not recommended to drive without insurance coverage in New York. Doing so can put you in a bad position. Remember, the New York DMV will be notified by your insurer if you have lapsed on the payments for your bodily injury and other policies. Even if it was a mistake on your part, you need to take prompt action to avoid violating the law.

With the new congestion tax in New York City, some drivers are choosing to stop driving altogether. If you rely on public transit from now on without keeping a vehicle, you must turn in your license plates and vehicle registration. 

Driving without insurance is illegal in New York, and if you get behind the wheel without coverage, you will put yourself at extreme risk for major penalties. You could be issued a ticket or even arrested. Your driver’s license and registration may be suspended, your vehicle may be impounded, and you will likely have to pay hefty fines.

What to Do If an Uninsured Driver Causes Your New York Auto Accident

The insurance you have in New York is valuable for protecting you in the event of a crash with other vehicles. Even though the no-fault model allows you to recover your financial losses, you should know what to do if you have an injury resulting from a crash that another person caused.

Take the following steps to protect your legal rights:

Call the New York Police

Always call 911 when you are in an accident to get officers to respond. Since all drivers in New York are required to hold minimum coverages, the officer will likely issue a citation to the driver of the other car for not obeying the law. This will be noted on the police report, which can serve as part of the evidence in your car accident case.

Gather Information and Evidence

Drivers are responsible for staying at the scene and exchanging contact and insurance information. If the other driver does not have it or refuses to provide it, you can let the police officer know. You will also want to take photos and videos of the aftermath as evidence for your claim.

Do not forget to get contact information from any witnesses who saw the accident. What they saw may help prove the other driver caused the accident, and that would mean the other driver could be on the hook for your serious injuries.

Get Immediate Medical Attention

It is only natural to worry about PIP and the other coverage for medical and what that means for your out-of-pocket expenses. However, your health and safety should be the top priority. You will need to have a full medical evaluation to check for hidden injuries. 

In many cases, victims assume they are not hurt when they do not see visible cuts and can move their limbs. It can be a fatal mistake to skip getting an examination. Your treatments will be documented and provide necessary medical records that relate your injuries to the crash and make it more likely you will be able to hold the other driver responsible for their negligent behavior.

Work with an Auto Accident Lawyer

You may be wondering why you should talk to a car accident lawyer about your injuries when your mandated insurance coverage should cover your injuries and losses. There are several key reasons it makes sense to consider legal representation.

One of the main reasons is that insurers are in the business of protecting their profits. They may realize that the evidence presented proves you were hurt in a crash on the date indicated. However, they may try to offer you much less than you deserve for your injuries, which hardly seems fair if you did nothing to cause the wreck. They may also attempt to deny your claim completely for a variety of reasons that range from minor errors on your forms to not having enough evidence. 

If you do get an offer for a settlement right away, you might feel like you are one of the lucky ones. Most victims just want to put the trauma of a crash as far behind them as possible. They may also need the money to pay for the added expenses to their usual monthly expenses.

Ultimately, they wind up signing for a check that is far below what they deserve. Only a lawyer will be able to fully calculate the extent of the damages you have incurred and help you fight for it. It costs nothing to schedule a free consultation, something that almost every personal injury attorney offers.

Find out more about your legal rights after accidents and what to do if your insurance is not enough, or if you have grounds to sue the other driver. Contact Mazzu Law today to get the legal assistance you need.

Victims who have suffered significant injuries have the right to seek compensation from the at-fault party for their damages. A personal injury claim or lawsuit can be filed to recover compensation for injuries in such incidents. However, there is a maximum timeframe for taking legal action. 

If you fail to take action within this timeframe, you may lose your right to recover compensation for this incident. This timeframe is referred to as the statute of limitations and it varies depending on the jurisdiction and the type of claim being filed. It is essential for victims to be aware of the specific statute of limitations applicable to their case and to act promptly to ensure their legal rights are protected.

Definition And Purpose Of Statutes Of Limitations In Personal Injury Cases

The statute of limitation laws for personal injury cases set the maximum time limit for an injured person to initiate legal proceedings against the party responsible for their injuries. The statute of limitations is a critical component of personal injury cases for several reasons.

A key purpose is to ensure victims bring forward their injury claims in a reasonable time frame. The statute of limitations is not designed to favor one party over the other. The law helps promote fairness and justice for all parties involved, including the defendant and the plaintiff. Timely legal actions help preserve the integrity of the evidence, which can degrade or disappear over time. 

For example, if you are relying on eyewitness statements for your personal injury case, then delays can cause the witness statements to be less reliable as memories fade, details become hazy, or witnesses may become unavailable. Other types of evidence, such as physical evidence from the accident scene, surveillance footage, medical records, and expert testimony might also be more challenging or impossible to gather if too much time has passed from the date of the accident. 

Another key reason for having a statute of limitations is that it provides a sense of closure and certainty for potential defendants. Allowing claims to be brought indefinitely would create perpetual uncertainty and hinder individuals’ and businesses’ ability to move forward with their lives and operations.

The statute of limitations is also useful in ensuring the courts are not overwhelmed with cases. The courts in New York already handle significant caseloads, and if timely filings are not required by law, then the system could become even more congested and strained, leading to delays in justice and inefficiencies in handling cases.

Specific Time Limits For Filing Personal Injury Claims In New York State

The statute of limitations depends on the category or type of claim or lawsuit you are filing. This means that the statute of limitations for a personal injury claim is different from a breach of contract lawsuit. The deadline could also be different for various personal injury claims. For example, a personal injury claim against a government agency may have a shorter time frame. 

Generally, if you are filing a personal injury claim in New York, you have about three years from the date of the injury. Medical malpractice cases in New York have a shorter statute of limitations, with a maximum of 30 months from the date of the alleged malpractice. Wrongful death claims, which fall under personal injury law, have a statute of limitations of two years from the date of the death. 

Not sure about the personal injury lawsuit filing period in New York? No worries. Just get in touch with us at Mazzu Law and one of our personal injury attorneys will be glad to assist you. 

Are There Any Downsides To the Statute of Limitations? 

While the statute of limitations is an important component of personal injury cases, there are a few downsides to this law. One potential downside is that it can sometimes prevent genuinely injured parties from seeking justice if they miss the deadline due to unforeseen circumstances or lack of awareness of the statute. 

Additionally, complex cases may require extensive investigation, and the limited time frame might not provide sufficient time to gather all necessary evidence and build a strong case. Another potential drawback is that sometimes it takes victims a lot of time to discover the injuries or damages that they may have suffered; if the statute of limitations has expired they might not be able to seek compensation for their losses. 

Like any other law, the statute of limitations is not perfect. However, it serves as a vital component of personal injury claims and lawsuits. If you are facing any challenges with this law, you should work with an experienced personal injury attorney. They can help you understand the specific statute of limitations for your case, gather evidence quickly, and make sure your claim is filed on time. This way, you can focus on getting better while your legal team handles the more complicated legal processes. Your attorney can also guide you on whether your case qualifies for any exemptions or exceptions.   

Exceptions And Extensions To The Statute Of Limitations

Do you need more time to initiate legal action but are worried about the statute of limitations? Your case may qualify for certain exceptions or extensions that can give you more time to initiate legal action. Knowing about the exceptions and extensions can make a big difference in personal injury cases. 

One of the most commonly used exceptions to the statute of limitations is the discovery rule. According to this rule, the injured party may be able to extend the deadline if they can prove that they did not realize they had been harmed until some time after the incident. For example, if someone was in an auto accident and initially felt fine, but later discovered they had sustained a serious injury, they might be able to use the discovery rule to extend the filing deadline. 

Another exception occurs when the injured party is a minor or incapacitated at the time of the incident. In these situations, the statute of limitations may be tolled, meaning it is paused until the minor reaches the age of majority or the incapacitated person regains their legal capacity. This rule ensures that individuals who are unable to advocate for themselves at the time of the injury still have the opportunity to seek justice once they are capable.

If the at-fault party was deceptive, then that could also allow you to pause the statute of limitations. This includes fraud or intentional concealment of wrongdoing by the responsible party. For example, if the defendant intentionally hides the facts surrounding the injury or their role in causing it, the clock on the statute of limitations may be paused until the injured party discovers the deception. This exception prevents wrongdoers from escaping liability through deceitful actions.

Consequences Of Missing The New York Statute of Limitations

The most significant consequence of missing the deadline for the statute of limitations is that you may be barred from filing a personal injury lawsuit. This means that courts will likely dismiss your case outright, regardless of the merit of your claim, the gross negligence of the other party, or the severity of your injuries. There can also be other consequences. 

You may lose leverage when negotiating with insurance companies or the at-fault party. This means if the opposing party knows that you have missed the deadline or cannot file the claim within the deadline, they can use that against you. When you have limited legal recourse, they would be less willing to offer a fair settlement. 

Ultimately, the consequence of missing the deadline is that you may have to absorb the financial impact of the accident. This may include medical bills, lost income, property damage, and other types of expenses. Along with tangible economic losses, personal injury cases may also result in psychological stress, and other non-economic losses, which you can claim in a personal injury lawsuit. However, if you do not file within the deadline, you may not be able to get compensation for such losses. 

Tips For Timely Filing Of Personal Injury Claims

• Seek Legal Advice Early: Get in touch with a Buffalo personal injury lawyer as soon as possible.
• Keep Detailed Records: Document everything related to your injury.
• Learn the Deadlines: Get to know the specific NY personal injury law deadlines

 for your type of claim.

• Stay in Touch with Your Attorney: Regular communication helps keep the claim on track.
• Organize Evidence: Keep all documents and evidence well-organized.

Role Of Legal Representation In Managing New York Personal Statute of Limitations

An attorney plays a key role in ensuring their clients meet the statute of limitations deadlines in New York. If your case has an exception or exemption that qualifies under personal injury law, then your attorney can help you get extra time to initiate legal action. They can also guide you on how to ensure you have everything ready for your claim on time so you do not have to worry about the deadlines. If you are interested in learning about the New York injury claim time limits, get in touch with us at Mazzu Law. We will schedule your free consultation with a personal injury lawyer from our firm.